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GeoTag Inc v. The Western Union Company et al

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12

9 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,756 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. American Video Graphics v. Electronic Arts

    359 F. Supp. 2d 558 (E.D. Tex. 2005)   Cited 52 times
    Holding that plaintiff must supplement its initial charts with "specific references to the source code" once the defendant had provided plaintiff with the source code

  4. Gen-Probe, Inc. v. Amoco Corp., Inc.

    926 F. Supp. 948 (S.D. Cal. 1996)   Cited 69 times
    Holding that "confusion of which claims apply to which defendants would require that the complaint be dismissed"

  5. Elan Microelectronics Corp. v. Apple, Inc.

    No. C 09-01531 RS (N.D. Cal. Sep. 14, 2009)   Cited 22 times
    Holding on a motion to dismiss that it is insufficient to generally allege that "there may or may not be infringement, we need further discovery to find out" or that a party "believes there is infringement and is making that factual contention, but needs discovery to gather evidentiary support for the contention"

  6. Realtime Data, LLC v. Stanley

    721 F. Supp. 2d 538 (E.D. Tex. 2010)   Cited 13 times
    Granting a motion to dismiss where plaintiff only alleged mere knowledge and possibility that discovery could produce evidence of reckless behavior

  7. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,692 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  9. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,031 times   1045 Legal Analyses
    Holding that testing is a "use"